The latest Queensland Government news
In the media
Prisons Get New Power to Stop Riots and Keep Staff
Safe
Victorian prisons have this week been given new powers to help
officers prevent serious incidents turning into riots and keep
staff safe. The new powers will allow for the use of bean bag
rounds to help de-escalate a situation or bring a serious incident
to a speedier resolution (20 August 2015).
More...
Independent Industrial Relations review to target fair
and balanced laws
Jim McGowan AM will Chair an independent reference group which
will carry out the first major review of Queensland's
industrial relations laws since 1998 (20 August 2015).
More...
Qld cop charged over information release
A Queensland detective will face court for allegedly releasing
confidential information without lawful reason, according to the
Crime and Corruption Commission (CCC) (20 August 2015).
More...
Palaszczuk Government says Not Now, Not
Ever
Premier Annastacia Palaszczuk has announced the Queensland
Government will implement all 140 recommendations in Dame Quentin
Bryce's landmark Not Now, Not Ever report into domestic and
family violence (18 August 2015).
More...
Helping kids understand the law
A re-vamped website that helps children and young people to
navigate complicated legal issues has been launched by Attorney
General Gabrielle Upton. Issues such as parental break ups, family
violence, criminal issues and property settlements are all issues
that can affect children and young people (18 August 2015).
More...
Statement by the Attorney-General and Minister for
Justice
Following advice received, the Attorney-General Yvette D'Ath
has instructed the Office of the Director of Public Prosecutions to
appeal against four sentences handed down in the District Court at
Southport on July 16. The appeal in each case is on the grounds
that the sentence was manifestly inadequate and the sentencing
judge erred in not declaring the offence of torture to be a Serious
Violent Offence (14 August 2015).
More...
In practice and courts
Queensland: recommendations: Not Now, Not Ever report
into domestic and family violence
Actions to implement the Government's response include:
Changes to criminal law: Introducing a circumstance of aggravation
of domestic and family violence to be applied to all criminal
offences where family and domestic violence has occurred. Consider
making non-lethal strangulation a criminal offence (18 August
2015). More...
Queensland: Independent Industrial Relations
review
The review would also consider contemporary and emerging
industrial relations matters, including workplace bullying,
domestic and family violence, gender equality and work-life balance
and standard working arrangements Community input to the review can
be made at: www.treasury.qld.gov.au/IRreview
(18 August 2015).
Queensland Law Reform Commission: laws and the early
childhood education and care sector Discussion Paper (WP
73)
The discussion paper is available online under 'Current
reviews' and under '
Publications, with submissions closing 30 September 2015 The
Commission is seeking submissions on the issues raised in the
discussion paper. All Australian states and territories have
enacted mandatory reporting laws of some description.
Crime and Misconduct Commission Inquiry August 2015
Former police officer to appear in court on misconduct charges – 20.08.2015
Police officer charged for releasing confidential information – 20.08.2015
PUBLISHED – ARTICLES, PAPERS, REPORTS
Australia is lagging behind the world's best on
judicial appointments reform
Author: Andrew Lynch; Professor, Gilbert + Tobin Centre of Public
Law at UNSW Australia. Apart from a statutory need to
"consult" their state counterparts for High Court
appointments, the attorney-general has unlimited discretion in
selecting who joins the federal judiciary (13 August 2015).
More...
Private sector use of open government data: results from
the Open Data 500 Australia
Department of Communications (Australia): 11 August 2015. The Open
data study reveals new insights into innovate ways Australian
organisations are using open government data.
More...
CASES
Wulli Wulli receive title to their
country
In a Federal Court decision handed down in Theodore today, the
Wulli Wulli people were officially recognised as the traditional
custodians of about 108,000 hectares of land and waters. The
Federal Court determination acknowledged the non-exclusive native
title rights and interests of the Wulli Wulli People over land
including Theodore and Cracow (13 August 2015).
More... More...
Butler v Commissioner of Queensland Police Service
& Anor [2015] QSC 225
ADMINISTRATIVE LAW – JUDICIAL REVIEW – REVIEWABLE
DECISIONS AND CONDUCT – GENERALLY – where the applicant
is a Sergeant in the Queensland Police Service – where a
decision was made by the second respondent recommending the first
respondent affirm a decision to suspend the applicant under s
6.1(1)(c) of the Police Service Administration Act 1990
– where the first respondent subsequently accepted the
recommendation of the second respondent to affirm the suspension of
the applicant – where the decisions of both the first and
second respondent led to the applicant's suspension –
whether the decisions of both the first respondent and second
respondent involved an improper exercise of power – whether
the decisions of both the first respondent and second respondent
were authorised under the Police Service Administration Act
1990 – whether the decisions of both the first
respondent and second respondent were contrary to law. More...
Weipa Hire Pty Ltd v Commonwealth of Australia
[2015] QSC 242
PROCEDURE – SUPREME COURT PROCEDURE – QUEENSLAND
– PROCEDURE UNDER UNIFORM CIVIL PROCEDURE RULES AND
PREDECESSORS – SUMMARY JUDGMENT – where the plaintiff
claims a contractual debt or remuneration for the provision of
services to the defendant – where the defendant makes an
application for summary judgment pursuant to s 294 of the Uniform
Civil Procedure Rules 1999 (Qld) – whether the plaintiff has
a real as opposed to fanciful prospect of succeeding on all or part
of the claim – whether the court can be satisfied there is no
need for a trial – whether there is a high degree of
certainty that the claim would fail – where the application
for summary judgment is dismissed. More...
Ostwald Accommodation Pty Ltd v Western Downs
Regional Council [2015] QSC 210
ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS OF
REVIEW – ERROR OF LAW – where the respondent local
government levied differential general rates for land in the local
government area where the rating categories included a rating
category for land used for intensive accommodation based on use for
accommodation to service industry as a workers camp or quarters
– whether there was an error of law in making the decision.
ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS OF
REVIEW – IRRELEVANT AND RELEVANT CONSIDERATIONS – where
the respondent local government levied differential general rates
for land in the local government area – where the rating
categories included a rating category for land used for intensive
accommodation based on use for accommodation to service industry as
a workers camp or quarters – whether the local government
took an irrelevant consideration into account or failed to take a
relevant consideration into account. ADMINISTRATIVE LAW –
JUDICIAL REVIEW – GROUNDS OF REVIEW – UNCERTAIN
EXERCISE OF POWER –where the respondent local government
levied differential general rates for land in the local government
area – where the rating categories included a rating category
for land used for intensive accommodation based on use for
accommodation to service industry as a workers camp or quarters
– whether the exercise of power was invalid for uncertainty.
ADMINISTRATIVE LAW – JUDICIAL REVIEW – GROUNDS OF
REVIEW – UNREASONABLENESS where the respondent local
government levied differential general rates for land in the local
government area – where the rating categories included a
rating category for land used for intensive accommodation based on
use for accommodation to service industry as a workers camp or
quarters – whether the decision was unreasonable. More...
Zecevic v Simon Blackwood (Workers' Compensation
Regulator) & Anor [2015] QSC 232
ADMINISTRATIVE LAW – JUDICIAL REVIEW – REVIEWABLE
DECISIONS AND CONDUCT – REVIEW OF PARTICULAR DECISIONS
– where the applicant sought judicial review of the General
Medical Assessment Tribunal's decision that the applicant's
scleroderma was not a consequence of his employment – where
the applicant failed to establish the ground of review under s
20(2)(f) of the Judicial Review Act as he failed to
establish an absence of evidence or other material to justify the
Tribunal's decision – where the ground under s 20(2)(h)
was not established as the court could not be satisfied of the
non-existence of a fact the Tribunal may have based their finding
upon – whether the Tribunal erred in law by not answering the
question referred to it, by considering whether the applicant had
as a scientific question, proven the fact of a causal connection
between his exposure and onset of scleroderma, rather than asking
whether such a connection was established on the balance of
probabilities – whether the Tribunal should have referred the
matter back to the insurer because it involved a non-medical matter
under s 514 of the Workers' Compensation and Rehabilitation
Act – where absence of a known aetiology did not mean
the Tribunal's decision related to non-medical matters or was
made beyond its role as the decision maker. More...
King v Allianz Australia Insurance Limited
[2015] QCA 146
APPEAL AND NEW TRIAL – PROCEDURE – QUEENSLAND –
POWERS OF COURT – COSTS – where appellant's appeal
against the primary judge's decision on the respondent's
application for review of a costs assessment was successful –
where appeal allowed with costs and respondent to pay
appellant's costs of the application for review assessed on the
District Court scale – where parties sought and were given
leave to file and exchange further submissions regarding basis on
which costs to be assessed – whether costs of the appeal
should be awarded on the standard or indemnity basis. More...
LEGISLATION
Queensland
No 80: Crime and Corruption Regulation 2015
Explanatory Memorandum
This Regulation is made under the Crime and Corruption Act
2001. The objective of this Regulation is achieved by the
remaking of the Crime and Corruption Regulation 2005 with necessary
amendments. The Regulation will commence on 1 September 2015.
This publication does not deal with every important topic or change in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you have found this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances please contact one of the named individuals listed.
